1996-01
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RESOLUTION NO. OL-96-O1
A RESOLUTION OF THE
OLIVENHAIN COMMUNITY ADVISORY BOARD
OF THE CITY OF ENCINIT AS
APPROVING A VARIANCE FOR THE REMODEL OF
AN EXISTING BARN STRUCTURE TO PERMIT
THE STRUCTURE TO ENCROACH FIFfEEN FEET INTO THE
IS-FOOT SIDE YARD SETBACK AND TO ENCROACH
ONE FOOT INTO THE 30-FOOT FRONT YARD SETBACK
FOR PROPERTY LOCATED AT 2626 LONE JACK ROAD
(CASE NO. 96-031V; APN: 264-173-17)
WHEREAS, Evelyn Hadden / Brian Donald (Resource Development Corp.) applied for
Variance approval pursuant to Chapter 30.78 of the Municipal Code to allow a fifteen foot
encroachment into the 15-foot Side Yard Setback and a one foot encroachment into the 30-foot
Front Yard Setback to pennit the remodel of an existing barn structure to be relocated outside an
existing 30-foot Private Road Easement; and
WHEREAS, the property is located at 2626 Lone Jack Road and is legally described as:
LOT 11, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12684, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 15, 1990.
WHEREAS, a public hearing was conducted on March 5, 1996 by the Olivenhain Community
Advisory Board (CAB) at which time all those desiring to speak, did speak; and,
WHEREAS, the Olivenhain Community Advisory Board considered,. without limitation:
1.
The Agenda Report for the March 5, 1996 meeting;
2.
The adopted General Plan, Zoning Code, Local Coastal Program, and associated
Land Use Maps;
3.
Oral Evidence received at the Public Hearing from staff, the applicant and the
public;
4.
Written evidence submitted with the application and the Plat Map showing the
Encroachment into the Private Road Easement dated received by the City on
February 6, 1996.
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WHEREAS, the Olivenhain Community Advisory Board made the following required findings
pursuant to Chapter 30.78 (Variance) of the Municipal Code:
(See Exhibit II 1 ")
NOW THEREFORE, BE IT RESOLVED by the Olivenhain Community Advisory
Board of the City of Encinitas that application 96-031 V is hereby approved subject to the following
conditions:
A.
STANDARD CONDITIONS:
1.
This approval will expire on March 5, 1998, two years after the approval of this
project, unless the following conditions have been met or an extension of time has
been approved pursuant to Municipal Code requirements.
2.
This approval may be appealed to the Planning Commission within 15 calendar
days from the date of the Board's approval pursuant to Chapter 1.12 of the
Municipal Code.
3.
The property owner shall pay applicable development fees at the established rate.
Such fees may include, but shall not be limited to: Pennit and Plan Checking Fees,
School Fees, Water and Sewer Service Fees, and Drainage Fees (as applicable).
Arrangements shall be made to the satisfaction of the appropriate department or
agency to pay the impact fees prior to Building Pennit issuance or Final Occupancy
approval, as detennined applicable by the concerned Department or Agency.
4.
Approval of this request does not waive compliance with any section of the
Municipal Zoning Code and all other applicable City Ordinances, unless otherwise
noted herein.
5.
Property owner( s) shall agree to preserve and save harmless the City of Encinitas
and each officer and employee thereof from any accident, loss, or damage to persons
or property happening or occurring as the proximate result of any of the work
undertaken to complete this project, and that all said liabilities are hereby asswned
by the property owner(s).
B.
COMMUNITY DEVELOPMENT DEP ARTMRNT: The property owner shall contact
the Community Development Department regarding compliance with the following
conditions:
1.
The Variance is approved as set forth on the Plat Map dated received by the City
with the application and background materials on February 6, 1996.
2.
Within 30-days of the date of this approval, the property owner shall submit to the
Building Department "As Built" Plans for the barn structure to obtain a Building
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Pennit. Prior to Building Pennit issuance, the property owner shall cause to be
recorded a standard fonn Covenant, acceptable to the Commwúty Development
Director, which records this Resolution of Approval and conditions herein.
3.
Within 30-days of this approval, a minimum width of 16 feet of clear, unobstructed
access shall be provided along the corral to provide access within the Private Road
Easement to the property to the north of the subject parcel. To provide such access,
the shade structure at the northwest comer of the property shall be removed and the
corral fencing shall be relocated to the northwest comer of the bam, along the 16
feet of clear access, to the northerly property line. At the time a Building Pennit or
Final Subdivision Map (whichever occurs first) is secured for the property to the
north of the subject parcel, the barn structure shall be remodeled to be located
outside the Private Road Easement. Prior to Building Department inspection for
footings and the pouring of the foundations for the remodeled barn, the property
owner shall contact the Commwúty Development Department for a site inspection
to verify that the remodel confonns to this Variance approval.
4.
The property owner shall abide by any legal restrictions which may be applicable to
the property ownership.
C.
FIRE PREVENTION DEPARTMENT: The property owner shall contact the Fire
Prevention Department regarding compliance to the following conditions:
1.
ACCESS ROADWAYS: Fire apparatus access roadways shall have an
unobstructed paved width of not less than 24 feet and an unobstructed vertical
clearance of not less than 14 feet 6 inches. Access to one (1) single family residence
shall not be less than 16 feet of paved width.
2.
FEES: Prior to Building Pennit issuance, the property owner shall submit to the
Commwúty Development Department a letter from the Fire Prevention Department
stating that all development impact, plan check and/or cost recovery fees have been
paid or secured to the satisfaction of the Fire Department.
D.
BUILDING DIVISION: The property owner shall contact the Building Division
regarding compliance to the following condition:
The applicant shall submit a complete set of "As Built" construction plans to the Building
Division for review. The submittal shall include structural calculations and details,
complete ftaming plans and details, a site plan and floor plans, State Energy compliance
documentation, and a Soils Report (as detennined applicable for the structure type) which
includes recommendations for the design of structural foundations. Submitted plans shall
be reviewed for compliance with State Title 24, the 1991 Editions of the Unifonn Building
Code, the Unifonn Mechanical Code, the Unifonn Plumbing Code, and the 1990 Edition of
the National Electrical Code. A comprehensive plan check will be conducted prior to
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Building Permit issuance and comments and/or changes to the originally submitted plans
may be required.
PASSED AND ADOPTED this 5th day of March 1996, by the following vote, to wit:
AYES: Bode, Tutoli, McGregor
NAYS: Robertson
ABSENT: Jordan
ABSTAIN: None
McGregor
Vi -Chair of the Olive' Community
d sory Board, City of Encinitas
c::: {2.~
Craig R. Olson, Associate Planner
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EXHIBIT "1"
RESOLUTION NO. OL-96-0l
Findings Pursuant to Section 30.78.030
of the Municipal (Zoning) Code
Related to Variances
A. A Variance from the terms of the zoning ordinance shall be granted only when, because of
the special circwnstances applicable to the property, including size, shape, topography, location or
surroundings, the strict application of the zoning ordinance deprives such property of privileges
enjoyed by other property in the vicinity and under identical zoning classification.
lam: The application requests a Variance to encroach fifteen feet into the IS-foot Side
Yard Setback and one foot into the 30-foot Front Yard Setback for the remodel of an
existing non-permitted barn structure.
Discussion: The applicant requests the Variance due to the existing location of the
driveway and residential structure on the property. Due to the topography of the site, the
existing barn structure cannot be remodeled to be relocated outside the side and front yard
setbacks without adversely impacting the amount of area needed for the care of two horses.
Municipal Code Section 30.5S.020D 4 (Animal Regulations) allows for the keeping of
two horses per lot within the Olivenhain Community with one additional horse permitted
for each 1/2 acre of land over one acre. Therefore, the property is allowed to keep two
horses by right. The non-permitted barn is equipped with four horse stalls and a tack and
feed storage area. As approved, the remodeled barn would be able to keep two horse
stalls and the tack/feed storage area.
Conclusion: Therefore, the Olivenhain Community Advisory Board fmds that special
circwnstances are applicable to the property that would deprive the property owner of an
otherwise permitted use and that the approval of the Variance request is warranted.
B. Any Variance granted shall be subject to such conditions as will assure that the adjustment
thereby authorized will not constitute a grant of special privileges inconsistent with the limitations
upon other properties in the vicinity and zone in which such property is situated.
lam: The Variance would allow the remodel of an existing barn structure to relocate it
outside an existing Private Road Easement at the time a Building Permit or Final
Subdivision Map (whichever occurs first) is secured for the property to the north of the
subject parcel.
Discussion: The approved Variance does not create any situation that would constitute a
grant of special privilege for the subject property inconsistent with the limitations of other
properties within the same vicinity and zone since the Municipal Code allows for the
keeping of two horses on the property by right. The remodeled barn structure will allow
for adequate access requirements within the Private Road Easement to the property to the
north consistent with Fire Code requirements.
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Conclusion: Therefore, the Olivenhain Community Advisory Board finds that the
Variance approval does not constitute a grant of special privilege inconsistent with the
limitations upon other properties in the vicinity and zone in which the property is situated.
C. A variance will not be granted for a parcel of property which authorizes a use or activity
which is not otherwise expressly authorized by the zoning regulation governing the parcel of
property.
lam: The Rural Residential-2 (RR-2) Zoning District within the Community of
Olivenhain permits the keeping of two horses on a parcel of land by right.
Discussion: The project proposes to remodel an existing bam so as to bring it into
compliance with Building Code requirements and to relocate outside the Private Road
Easement for the property to the north.
Conclusion: Therefore, the Olivenhain Board finds that the Variance does not authorize a
use or activity which is not otherwise expressly authorized by the zoning regulations
governing the parcel of property.
D. No variance shall be granted if the inability to enjoy the privilege enjoyed by other property
in the vicinity and under identical zoning classification:
1.
Could be avoided by an alternate development plan; which would be of less
significant impact to the site and adjacent properties than the project requiring a
variance;
2.
Is self-induced as a result of an action taken by the property owner or the owner's
predecessor;
3.
Would allow such a degree of variation as to constitute a rezoning or other
amendment to the zoning code; or
4.
Would authorize or legalize the maintenance of any private or public nuisance.
lam: The project confonns in all aspects with the development standards of the RR-2
Zoning District and all other applicable standards required by the Municipal Code except
for the encroachment into the Side and Front Yard Setbacks and into the adjacent Private
Road Easement.
Discussion: An alternative design that would not require Variance approval is not practical
for this property due to the location of the driveway and the residential structure on the
property. The building pad for the residence is located to the east of the bam and is
raised approximately 4 feet above the bam and corral area. Given the topography of the
site, the only other location for a bam structure to support two horses would be in the
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eastern portion of the corral at the base of the building pad's slope. In this location, the
corral area for the horses would be significantly reduced. The applicant contends that the
barn structure existed on the property when it was purchased from the previous property
owner and had no occasion to question the structure's legal status. Since being infonned
that the barn structure was constructed without benefit of a permit and that the structure is
located within a private access easement, the applicant has worked with adjacent property
owners to arrive at a mutually agreed resolution to the situation and has applied to the
City for Variance approval. The residence and garage measure 2,355 square feet in size
and the barn measures approximately 875 square feet for a total of 3,230 square feet. The
RR-2 Zone allows for 35% Lot Coverage. Therefore, the residence, garage and current
barn structure represents 15% Lot Coverage (Le.: 3,230 / 21,780 = 14.8%). All other
aspects of the Variance application meet Municipal Code standards except for the
encroachment into the side and front yard setbacks. The applicant has provided sufficient
infonnation related to the special circwnstances applicable to the subject property (Le.:
the location of structures on the property in relation to the horse keeping facilities, the
topography of the lot in relation to existing structures, and the Municipal Code standard
that pennits the keeping of two horses on the property) to warrant approval of the
Variance request as conditioned. Once infonned by the City that the barn structure had
not received Building Pennit approval, the applicant has worked to correct the situation.
Conclusion: Therefore, the Olivenhain Board finds that the project does not impose any
significant adverse impacts to the site and adjacent propertie~ and that the Variance is not
self-induced as a result of an action taken by the property owner or the owner's predecessor
due to the fact that the applicant is attempting to retain use of the site for the keeping of
horses as permitted by the Municipal Code and to relocate the barn outside the adjacent
Private Road Easement. The existing physical constraints on the site warrant the Variance
approval. The project does not allow such a degree of variation as to constitute a rezoning
or other amendment to the Zoning Code nor has any evidence been submitted to indicate
that the project would authorize or legalize the maintenance of a private or public nuisance.
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